CRIM 131 Lecture Notes - Lecture 6: Canadian Human Rights Act, Police Legitimacy, Indictable Offence
7 Jun 2018
School
Department
Course
Professor
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○Danger
○Trauma (Not that many services and programs in order to reduce this. PTSD or
PTSR- abnormal response to a normal situations. Idea of strength can lead to
stigma around experiencing trauma or seeking for help. Onset of paranoia.)
○Personal Costs (substance abuse, suicide, family issues, financial constraints due
to low wages, paranoia, and vulnerability)
Lecture 5: Police Powers, Policing Subculture, and Other IssuesMonday, 19th February 2018
Chapter 5: Police Powers and Decision Making
●Tension between the need to maintain order and the rights of citizens will always exist
●Defining the limits of police power is an ongoing process
○Lack of knowledge (people might not know their own rights and what the police
are allowed to do)
●Limitations placed on police are constantly evolving
●People’s trust on the police are shifting
The Charter of Rights and Freedoms and Police Powers
●Police powers is derived from various sources
○Statute law
○Case law
○Common law
○Municipal bylaws
○Criminal Code
○Charter of Rights and Freedoms (greatest impact, allows individuals to challenge
any violated rights)
○Supreme Court of Canada (retained powers)
●Powers of police have extended according to the current contexts and crimes (prevent
and respond to organized crime and terrorist activity)
Police Powers
Detain and
Arrest
(baseline
power)
Arrest can be made:
●Prevent a crime
●Keeping peace
●Compel accused person to attend trial
●One of the least things they do
Generally what happens people commit a crime:
●Appearance Notice
●Summons
Formal arrests have requirements for police (very rare)
Arrest warrant- document that permits police to arrest a specific person for a
specific reason.
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●Necessary in public interest (reasonable grounds needed)
Information- written statement sworn by an informant alleging that the person
has committed a specific criminal offence.
Arresting officer, officer in charge of lockup, or justice of the peace (JP) may
decide to release a suspect in custody
JP make decisions on warrant, could also be made by a judge (24-hour
electronic program available in BC providing access to JP’s)
Arrest without warrants:
●Caught a person commiting an offence
●Reasonable grounds to believe person will commit an indictable offence
●Reasonable grounds to believe person has committed an indictable
offence
○Reasonable grounds needed (witness and victim, physically see)
Additional Conditions to make Arrest:
1. Not make arrest if no reasonable grounds to believe person will fail to
appear in court
2. Must have reasonable grounds that arrest is necessary in the public
interest
○Establish the identity of the person
○Secure or preserve evidence or relating to the offence
○Prevent the continuation or repetition of the offence or the
commission of another offence
Not arrest if:
●No reasonable ground to believe accused won’t appear in court
●Not necessarily in public interest
○Identity (ability to appear, police can locate you if they need to.
Lots of information for the police to find someone. More transient
people might not have an identification, so they might be
arrested more likely. If has missed court previously, more likely to
be arrested. False information or no concrete information at all. )
○Secure or preserve evidence (Securing a person to make sure
they don’t destroy evidence)
○Prevent continuation or repetition of offence OR new offence
Detention- assuming control over the movement of a person by demand or
direction that may have significant legal consequence and that prevents or
impedes access to legal counsel (can detain in many different circumstances)
●Can detain without arrest
●May have legal consequences (ACCESS TO COUNSEL IS
GUARANTEED UPON ARREST, so it might not be a guaranteed right
if only been detained )
●Usually people shouldn’t be detained for more than 24 hours
(can happen however if detention occurs over holidays,
weekends, etc.)
Arrest- when a person is taken into custody with the primary purpose of
compelling an accused to appear in trial (has concrete goals)
●Security and safety of the population
Charter of Rights violated when police…
1. Does not inform the person the reason for his or her arrest/detention.
2. Refuse to stop interview even when accused request for a lawyer
3. Belittle person’s lawyer to try to undermine the relationship between the
accused and the lawyer
4. Pressure the accused to accept the deal without letting them consult
with their lawyer
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Search and
Seizure
(involves
also
restriction
of power)
Section 8 of the Charter: Protects all citizens against unreasonable search or
seizure
Section 24 of Charter: evidence obtained illegally may be excluded from trial
For search to be reasonable:
●Authorized by law
●Law itself must be reasonable
●Manner in which search is carried out must be reasonable
Search Warrant- document that permits the police to search a specific location
and take items that might be evidence of a crime (most things require of
warrant)
●Generally issued by JP’s
●Searches without warrants are illegal (can occur but are rare,
could occur at time of arrest in terms of surroundings and
individuals), except when it is to prevent the destruction of
evidence or escape, or in an emergency situation
○WARRANTS REQUIRED include secret recordings, video
surveillance, perimeter residential searches, tracking
devices and vehicles
One of the most significant decision on searches was R. v. Feeney (1997): peace
officers must have a warrant before entering a dwelling to apprehend or arrest
someone, unless it is to prevent death, or injury.
IN PLAIN SIGHT RULE- RIGHT TO SEARCH AND TO SEIZE IF IN PLAIN
SIGHT
Entrapment
What is it? Person ends up committing an offence that would not have been
otherwise committed, largely as a result of the pressure or cunning part of the
police.
These proactive techniques can be effective and cost-efficient in terms of
personnel (help prevent victimless offences)
Court determined that the line is crossed when an individual is constantly
harassed in order to make him commit a crime.
Entrapment has usually not been allowed as a defence, as it is separate from
the issue of guilt or innocence
Right to
Remain
Silent
Police officers have no formal power to compel crime suspects to answer their
questions. Exceptions:
●Situations where citizen obstructs police from doing their duty
Confession (outside court) are not admissible, unless statements were made
freely and voluntarily
Mr. Big
Strategy
Particularly controversial police investigation technique
Undercover police make contact with crime suspects, who are then introduced
to Mr. Big (purported crime boss) and then invited to join the crime group
Concerns of legal, ethical, and moral issues, as well as the potential for false
confessions
The Police Use of Force
Criminal Code, legal authority to use force:
Document Summary
Trauma (not that many services and programs in order to reduce this. Idea of strength can lead to stigma around experiencing trauma or seeking for help. Personal costs (substance abuse, suicide, family issues, financial constraints due to low wages, paranoia, and vulnerability) Lecture (cid:628): police po(cid:435)ers, policing subculture, and other issues. Tension between the need to maintain order and the rights of citizens will always exist. Defining the limits of police power is an ongoing process. Lack of knowledge (people might not know their own rights and what the police are allowed to do) Limitations placed on police are constantly evolving. People"s trust on the police are shifting whe charter of ights and freedoms and police po(cid:435)ers. Police powers is derived from various sources. Charter of rights and freedoms (greatest impact, allows individuals to challenge any violated rights) Powers of police have extended according to the current contexts and crimes (prevent and respond to organized crime and terrorist activity)
